Premises Liability

In Massachusetts, premises liability is a broad category of law that
includes everything from liability arising from swimming pools or
swimming holes that attract children, to liability for lead paint,
liability
for inadequate security, liability for window falls and building
fires, and liability for slip-and-fall injuries.

One common scenario where we see premises liability occurring is with
child trespassers. Oftentimes, something on someone else’s property
– such as a swimming pool – will draw children onto the
property, inciting them to trespass. Once on the property, the swimming
pool or whatever attracted the children onto the property may lead them
to danger.

Construction site accidents are another area where children are
commonly involved in premises liability cases. The desire to play on
construction equipment, explore excavation holes and climb on piles of
dirt may wind up with a child being hurt by a danger that was not
apparent to him.

Thankfully, Massachusetts’ Child Trespasser Statute
(Massachusetts General Laws Chapter 231 § 31) exists to prevent
children from being exposed to such dangers. The Massachusetts Child
Trespasser Statute requires property owners or lessees to exercise
reasonable care to protect child trespassers on their property from
dangerous conditions on their property that might cause substantial
bodily injury to a child.

Another common area of premises liability involving children is in
lead paint cases. Many lead paint cases in Massachusetts are premised
upon Massachusetts General Laws Chapter 111 §§ 190 et seq.,
also known as the Massachusetts Lead Poisoning Prevention and Control
Act. From a plaintiff’s perspective, the Lead Poisoning Prevention
and Control Act is a powerful legal tool because, generally speaking, the
plaintiff does not have that a property owner knew about the existence of
lead paint on her property and failed to take steps to correct it. It is
enough that the lead paint caused lead poisoning in the child.

The protections of the Massachusetts Lead Poisoning Prevention and
Control Act do not extend to all cases, however. And in cases where the
Massachusetts Lead Poisoning Prevention and Control Act does not apply,
lead paint victims have succeeded by relying on principles of
landlord-tenant law and actual negligence.

Of course, not all cases of premises liability involve children. Adult
and child alike can be the victims of inadequate security. The dangers of
inadequate security are discussed elsewhere on our website [insert
hyperlink here]. Adult and child alike can be injured in fires, gas
explosions and falls from windows. Adult and child alike can be the
victims of a slip-and-fall accident.

If you think that you may have a premises liability case, call us
today at (617)973-6434 for a free consultation.